In 2012, Colorado voters approved Amendment 64, which legalized the possession and use of marijuana for adults 21 and older. The amendment also allows for the cultivation of marijuana plants, with limits. While marijuana is legal in Colorado, there are still laws and regulations that can be quite strict if you don’t follow them. If you’ve been charged with a marijuana offense, it’s important to understand the possible penalties. An experienced criminal defense attorney can help you navigate the legal system and ensure that your rights are protected throughout the process. Contact us today to schedule a consultation.
Adults 21 and older are allowed to transfer one ounce or less of marijuana without any form of payment. However, it is important to note that the transaction cannot take place in a public space.
Smoking in Public
Smoking marijuana in public is still illegal in Colorado and can result in a fine of up to $100.
The Penalties for Marijuana Possession in Colorado
Depending on the amount of marijuana involved, possession of marijuana can be classified as a misdemeanor or a felony. The penalties for each level of offense can vary widely, so it’s important to know where your case falls within the state’s guidelines.
Possession of 2-6 Ounces: Level 2 Drug Misdemeanor
Possession of between 2 and 6 ounces of marijuana is a level 2 drug misdemeanor. The penalties for this offense include up to 1 year in prison and a fine of up to $700.
Possession of 6-12 Ounces: Level 1 Drug Misdemeanor
Possession between 6 and 12 ounces of marijuana is a level 1 drug misdemeanor. The penalties for this offense include up to 18 months in jail and a fine between $500 and $5000.
Possession of More Than 12 Ounces: Level 4 Drug Felony
Possession of more than 12 ounces of marijuana is a level 4 drug felony. The penalties for this offense include 6 months to 2 years in jail and a fine between $1,000 and $100,000.
Penalties For The Sale of Marijuana
If you’re facing criminal charges for the sale of marijuana, it’s important to know what penalties you could be facing. Depending on the quantity of marijuana involved, you could be looking at a misdemeanor or felony charge and significant jail time
Sale of 4 Ounces or Less – Level 1 Drug Misdemeanor
A level 1 drug misdemeanor carries a sentence of 6 to 18 months’ imprisonment and a fine between $500 and $5,000.
Sale of 4 Ounces to 12 Ounces – Level 4 Drug Felony
A level 4 drug felony carries a sentence of between 6 months and 2 years’ incarceration and a fine of between $1,000 and $100,000.
Sale of 12 Ounces to 5 Pounds of Marijuana – Level 3 Drug Felony
In Colorado, a level 3 drug felony is the least serious type of felony charge. If you are convicted of a level 3 drug felony, you may be sentenced to 2to 6 years in prison and fined up to $500,000. However, it is important to note that the judge has discretion when sentencing someone convicted of a level 3 drug felony and may order probation instead of prison time.
Sale of 5 Pounds to 50 Pounds of Marijuana – Level 2 Drug Felony
If you are convicted of a level 2 drug felony in Colorado, you may be sentenced to 4 to 16 years in prison and fined up to $750,000. As with level 3 drug felonies, the judge has discretion to order probation instead of prison time.
Sale of More Than 50 Pounds of Marijuana – Level 1 Drug Felony
A level 1 drug felony is the most serious type of drug charge in Colorado. If you are convicted of a level 1 drug felony, you may be sentenced to 8 to 32 years in prison and fined up to $1 million. Unlike level 3 and level 2 drug felonies, there is no discretion when it comes to sentencing for Level 1 felonies; if you are convicted, you will go to prison for at least 8 years.
If you find yourself charged with a marijuana-related offense, contact an experienced criminal defense attorney who can help you navigate the legal process and ensure your rights are protected. Contact us today to schedule a consultation.